The term Edictal Citation and the process to follow when your spouse living in a foreign country can be overwhelming.Therefore we are here to assist you with the process.
Edictal Citation is used. Where the Defendant lives in another country. Therefore the Plaintiff must use a process called Edictal Citation. Hence, the Plaintiff must first approach the High Court or the Regional court by the way of an Edictal Citation Application.
This affords permission to a Plaintiff to serve the Divorce documents on a spouse in a foreign country. Therefore, personal service is required.Firstly, it is important that the Court will require that the Plaintiff is domiciled in the Court’s jurisdictional area on the date that your Divorce Proceedings commence.Secondly that you are usually resident in that area.Further that you have been living there for not less than a period on one year immediately prior to that date.
A Summons in a Divorce must be served on the Defendant in person. Therefore, the Court needs to be satisfied that service will be done properly. Above all, by an official of the Court in a foreign country.
The process of Edictal Citation is therefore a procedure according to which a legal document. For example a Divorce Summons is served by a Sheriff (in some countries known as a “service processor” or a solicitor) in a different country.
Above all, if you have a residential or work address for the overseas spouse in the foreign country The Court will grant an order that the Summons may be served on him/her.
What is Edictal Citation
To Sum up, edictal citation involves communicating and corresponding with people in a foreign country, and the posting of documents overseas. After serving of the Summons in a foreign country. Subsequently, a spouse will have a month to defend the action.
As a result, if they ignore the Summons or, if they defend it, after reaching settlement of the financial terms. the matter may be set down for hearing on a date that has been pre-arranged with the Registrar of the High Court or the Central Divorce Court.
Edictal Citation – Attorney Assisted
In conclusion, to proceed with International Divorce you are going to need attorney assisted divorce. Most importantly, to assist you with the best way to proceed with your divorce when your spouse residing in a foreign country. Therefore, get your divorce finalised as soon as possible.